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Regular
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Click on the linked agenda item titles below for background materials/reports. Note:
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SUMMARY
BERKELEY CITY COUNCIL REGULAR MEETING
Tuesday, October 22, 2002
Preliminary Matters
Roll Call: 7:05 p.m. All present
Ceremonial Matters:
Proclamation Commending the Berkeley Historical Plaque Project
Proclamation Honoring Fred Leif, Retiring Member of the Disaster Council
Proclamation for National Coming Out Day
Action: Proclamations presented with the exception of National Coming Out Day.
Comments from the City Manager:
Early voting in the City Clerk’s Office ends Friday, October 25th. On Election Day, November 5th, Alameda County registered voters may vote in the City Clerk’s office between 7:00 a.m. and 8:00 p.m. City Hall is wheelchair accessible and voting machines for voters with special needs will be available.
On Saturday, November 2nd, from 8:00 a.m. to 12:00 noon, a Sacramento Street Berkeley Clean-up Day will be held. Volunteers will meet at the northwest corner of 66th and Sacramento Streets in the parking lot of El Nopal. Free T-shirts, coffee, donuts, and pizza.
On Veterans Day, November 11th, in the Martin Luther King Jr. Civic Center Park, there will be a flag ceremony at 9:00 a.m. that will last about 15 minutes to honor the veterans.
On Sunday, October 27th, the West Berkeley Market at 4th Street and University Avenue will be celebrating “Spirit Day” from 11:00 a.m. to 5:00 p.m.
On Thursday, October 24th, at the North Berkeley Senior Center, 1901 Hearst Street, there will be a forum to discuss the prevention of hate crimes, from 6:30 p.m. to 9:30 p.m.
Comments from the Public: 10 speakers.
Consent Calendar
Action: Moved, seconded, carried (Olds/Worthington) to adopt the Consent Calendar in one motion except as indicated:
Adoption of the 2001 Berkeley Fire Code (PDF, 1.72 MB) (vote first reading – unanimous)
From: City Manager
Recommendation: Adopt second reading of an ordinance repealing Chapter 19.48 of the Berkeley Municipal Code (BMC) 1997 Uniform Fire Code, and reenacting Chapter 19.48 to adopt with amendments, the 2001 California Fire Code and Uniform Fire Code Standards.
Contact: Reginald Garcia, Fire 981-3473
Action: Adopted Ordinance No.
6715–N.S.
Effective: November 21, 2002.
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section17.08.030.A to redefine “creek” allowing the City to maintain maps reflecting the presence of such creeks for the guidance of the public and adding a provision to allow for the establishment of fees for the administration of the chapter.
Contact: Manuela Albuquerque, City Attorney 981-6950
Action:
Adopted first reading of Ordinance.
Second reading scheduled for November 12, 2002.
Stephanie Hayes v. City of Berkeley, et al. (PDF, 144 KB)
From: City Manager
Recommendation: Adopt a Resolution approving the settlement of the Alameda County Superior Court Action No. 2001 017159 entitled Stephanie Hayes v. City of Berkeley, et al. in the amount of $18,000.
Contact: Manuela Albuquerque, City Attorney 981-6950
Action:
Adopted Resolution No. 61,790-N.S.
Needle Exchange Emergency Distribution (PDF, 163 KB)
From: City Manager
Recommendation: Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from the use of HIV-infected needles among injection drug users, and authorizing the Local Health Officer to take steps to enable the operation of needle exchange emergency distribution.
Contact: Sherry Kelly, City Clerk, 981-6900
Action:
Adopted Resolution No. 61,791-N.S.
Updated Conflict of Interest Code (PDF, 6.74 MB)
From: City Manager
Recommendation: Adopt a Resolution adopting the revised Conflict of Interest Code and rescind Resolution No. 61,297–N.S. (2001 Conflict of Interest Code).
Contact: Sherry Kelly, City Clerk 981-6900
Action:
Withdrawn by the City Manager.
2002 General Obligation Refunding Bonds (PDF, 4.87 MB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the issuance of 2002 General Obligation Refunding Bonds to refund 1993 General Obligation Bonds (Election of 1992, Series A), dated July 1, 1993, in the remaining principal amount of $5,680,000, and to refund 1995 General Obligation Bonds (Election of 1992, Series B), dated August 1, 1995, in the remaining principal amount of $11,895,000.
Contact: Fran David, Finance 981-7300
Action:
Adopted Resolution No. 61,792-N.S.
Revenue Agreement: Mental Health Services (PDF, 214 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a revenue agreement and any amendments with the Berkeley Unified School District for funds in the amount of $79,298 to provide mental health services at multiple school sites for FY 2003; and the implementation of the projects and appropriation of funding for related expenses.
Contact: Fred Medrano, Health and Human Services, 981-5100
Action:
Adopted Resolution No. 61,793-N.S.
Contract: 2.7% at Age 55 Retirement Formula for Miscellaneous Employees (PDF, 720 KB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the City’s contract with the California Public Employees’ Retirement System (CalPERS) to provide the 2.7% at Age 55 Full and Modified Retirement Formula as set forth in California Government Code Section 21354.5 for local miscellaneous employees only to be effective January 5, 2003.
Contact: Ron Brown, Human Resources, 981-6800
Action:
Adopted first reading of Ordinance.
Second reading scheduled for November 12, 2002.
Side Letter of Agreement: Berkeley Fire Fighters Association/I.A.F.F. Local 1227 (PDF, 1.12 MB)
From: City Manager
Recommendation: Adopt Resolutions: 1) approving a Side Letter of Agreement with the Berkeley Fire Fighters Association/I.A.F.F. Local 1227 to amend and modify the Memorandum of Understanding (MOU) to extend the term of the contract for two years to July 1, 2006 and authorizing the City Manager to execute and implement the terms and conditions of the Side Letter; and 2) approving an amendment to Resolution No. 60,867–N.S. for Representation Unit B that implements the salary modifications set forth in the Side Letter of Agreement.
Contact: Ron Brown, Human Resources, 981-6800
Action:
Adopted Resolution Nos. 61,794-N.S. and 61,795-N.S.
Access to Summary Criminal History Information (PDF, 324 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing staff in several departments to access state and local summary criminal history information obtained through fingerprint identification for employment licensing and certification purposes.
Contact: Ron Brown, Human Resources, 981-6800
Action: Adopted Resolution No. 61,796-N.S.
Contract: Emergency Sewer Replacement Projects (PDF, 591 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with McNamara and Smallman Construction, Inc. for emergency sewer replacement projects, to increase the amount by $98,000 for a total amount not to exceed $1,720,190, and extend the contract time by 50 calendar days.
Contact: Rene Cardinaux, Public Works, 981-6300
Action:
Adopted Resolution No. 61,797-N.S.
Contract: Commuter Check Program Administrator (PDF, 357 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Employment Benefit Specialists, Inc. (EBS) as a third party administrator to administer the Commuter Check Program for the City of Berkeley employees in an amount not to exceed $75,800 for the period November 1, 2002 through June 30, 2004.
Contact: Peter Hillier, Transportation 981-7000
Action:
Adopted Resolution No. 61,798-N.S.
Scheduling a 15-Minute Presentation on “Street Smarts” (PDF, 53 KB)
From: Councilmember Spring
Recommendation: Schedule a 15-minute presentation on “Street Smarts,” a proposed regional pedestrian safety awareness campaign at a November 2002 meeting.
Contact: Dona Spring, Councilimember District 4, 981-7140
Action:
Approved recommendation.
Status Report on the 5-Year Bicycle and Pedestrian Safety Plan (PDF, 1.03 MB)
From: Councilmember Spring, Councilmember Maio and Councilmember Worthington
Recommendation: Request the City Manager submit a third year status report on the Bicycle and Pedestrian Plan (BAPS) 5-year plan and that this report be scheduled for a Council meeting in January 2003.
Contact: Dona Spring, Councilimember District 4, 981-7140/Linda Maio, Councilmember District 1, 981-7110/Kriss Worthington, Councilmember District 7, 981-7170
Action:
Removed from the Consent Calendar by Councilmember Maio. Considered with Item 32. Moved, seconded, carried (Maio/Spring;
Absent – Worthington) to approve recommendation.
Holiday 2002 Promotion Efforts in Commercial Districts (PDF, 157 KB)
From: Councilmember Worthington
Recommendation: Refer to the City Manager study and feasibility of Holiday 2002 Promotion efforts in Berkeley’s Commercial Districts for free metered parking on Saturdays and promotional funds.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
Action:
Removed from the Consent Calendar by Councilmember Hawley. Moved, seconded (Hawley/Olds) to approve the
referral of free metered parking during the holiday season but to eliminate the
funding referral. No action taken on
the motion due to adjournment of the meeting. Item held over to November 12,
2002.
Street-Sweeping Days Occurring on Holidays (PDF, 52 KB)
From: Councilmember Breland
Recommendation: Refer to the City Manager that when street sweeping days occur on a City or State holiday that residents in the area be notified of continued service.
Contact: Margaret Breland, Councilmember District 2, 981-7120
Action:
Approved recommendation.
Chinese President Jiang Zemin’s Visit to the United States (PDF, 639 KB)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution expressing concern regarding President George W. Bush’s invitation to Jiang Zemin, President of the People’s Republic of China, to visit the United States and President Bush’s ranch in Crawford, Texas, and asking that President Bush specifically raise the issue of human rights abuses against Falun Gong members in his discussions with President Jiang Zemin; and send copies of the Resolution and attached letter to President Bush with copies to Berkeley’s members of Congress and the United States Secretary of State.
Contact: Manuel Hector, Secretary, 981-5110
From: City Manager
Recommendation: The City Manager takes no position concerning the recommendations of the Commission.
Contact: Fred Medrano, Health and Human Services 981-5100
Actions: Removed from the Consent Calendar by Councilmember Hawley. Moved, seconded, failed (Hawley/Olds; Noes – Breland; Abstain – Armstrong, Maio, Olds, Spring, Worthington, Dean) to adopt a resolution eliminating the reference to “Falun Gong” and replacing with “in China”.
Moved, seconded, carried (Worthington/Maio; Noes – Olds; Abstain - Armstrong) a main motion to approve the Peace and Justice Commission’s recommendation with an amendment to also include “and other human rights violations” and adopting Resolution No. 61,803-N.S.
Action Calendar – Appeals
Approval of Use Permits–1400 Bonita Avenue
Contact: Sherry
Kelly, City Clerk 981-6900
City Manager Report (PDF, 601 KB)
Recommendation: Adopt a Resolution remanding the Zoning Adjustment Board’s decision approving Use Permit and Variance # 01-20000021, 1400 Bonita Avenue, an 811 square-foot major residential addition.
Contact: Carol
Barrett, Planning, 981-7400
Randy and Debbie Drewes (2)
Actions: Mayor
Dean announced she would recuse herself as she owned property within 300 feet
of this property.
Moved, seconded, failed (Olds/Hawley; Noes – Maio, Shirek; Abstain – Spring, Worthington; Absent - Dean) a main motion to adopt a Resolution affirming the Zoning Adjustments Board’s decision and dismissing the appeal.
Moved, seconded, failed (Maio/Worthington; Noes – Armstrong, Hawley, Olds; Abstain – Shirek; Absent - Dean) a substitute motion to remand the matter to the Zoning Adjustments Board as recommended by staff.
Moved, seconded, carried (Maio/Shirek; Noes – Spring; Absent – Dean) a motion to reconsider the motion to affirm the decision of the Zoning Adjustments Board and dismiss the appeal.
Moved, seconded, carried (Hawley/Armstrong; Noes –Maio,
Shirek; Abstain – Spring; Absent – Dean) to adopt Resolution No. 61,799-N.S.
affirming the decision of the Zoning Adjustments Board and dismissing the
appeal.
Denial of Use Permits – 1155 Hearst Avenue
Contact: Sherry
Kelly, City Clerk 981-6900
City Manager Report
Recommendation: Set for public hearing on November 19, 2002 the appeal of the Zoning Adjustments Board’s decision to deny Use Permit #01-10000087, to demolish 3 existing buildings containing 6 dwelling units and construct 3 buildings containing 14 dwelling units.
Contact: Carol Barrett, Planning, 981-7400
Shannon Hampton
Dale Anania
Alma Prins and Blaze Woodlief
Eric Lazar
Pam Ormsby
Susana Wappenstein
Curt Clingman
Ruth Knapp
Nancy Bickel, President League of Women Voters
Action: Moved,
seconded, carried (Worthington/Breland) a motion to set the matter for a public
hearing on December 17, 2002.
Approval of Use Permits – 1797 Shattuck Avenue
Contact: Sherry
Kelly, City Clerk 981-6900
City Manager Report
Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board (ZAB) to approve a use permit to construct a 5 story mixed use building with 65 dwelling units and 5,706 square feet of retail floor area, and dismissing the appeal.
Contact: Carol
Barrett, Planning, 981-7400
Art Goldberg
Actions:
Moved, seconded, carried (Olds/Armstrong) to adopt Resolution No. 61,800
-N.S affirming the decision of the Zoning Adjustments Board (ZAB) to approve a
use permit and dismissing the appeal.
Approval of Use Permits – 2006-2008 University Avenue
Appeal filed by the Berkeley Architectural Heritage Association of the July 11, 2002 Zoning Adjustment Board’s approval to construct a 35 unit (7 affordable units) mixed used project.
Contact: Sherry
Kelly, City Clerk 981-6900
City Manager Report (to be delivered)
Recommendation: Set a public hearing: 1) on the appeal of the Zoning Adjustment Board’s decision to approve a 35 unit (7 affordable units) mixed use project at 2006-2008 University Avenue; and 2) to review the decision of the Landmarks Preservation Commission designating the existing building as a Structure of Merit and not approving the demolition permit.
Contact: Carol
Barrett, Planning, 981-7400
Communications
Action: </
